Presentation on Right To information Act 2005

Presentation
on
Right To Information Act 2005
By
Dr. Sanjay P Sawant Dessai
Vice Principal
VVM Shree Damodar College of Commerce
& Economics
Margao Goa
8/31/2015
sanjaydessai@gmail.com
presentation on RTI Act
1

Right to information ?
• What is RTI
• Whose right
• What information
• Information from whom
• Information for what /purpose
• How to get information under RTI
• What next
8/31/2015 2

Some question we need to ask
ourselves
• Are you paying tax ?
• How much ?
• Why we pay tax
• Where we pay tax ?
• On Junk food - Pizza /chips
• On Movie ticket
• On Tobacco product / alcohol/ Petroleum product
• On Use of mobile
• What is the end use of our tax paid?
8/31/2015 3

Why RTI
Objective of RTI
1. To empower the citizens
2. To promote transparency
3. Accountability in the working of the
Government
4. Contain corruption
5. Make our democracy work for the people in real
sense.
6. Informed citizen – about govt activities
7. To keep necessary vigil on the instruments of
governance.
8/31/2015 4

Structure of RTI at state level
• State Public Information Officers
• State Assistant Public Information Officer
At organisation level
• Public information officer
• Assistant Public Information Officers (APIOs)
• Appellate authority in Public Authority
8/31/2015 5

Applicability
• Applicability excluding the state of J&K
• Private bodies are not within the Act's ambit
directly
• Only individual can file RTI application
8/31/2015 6

Applicability
Any authority of self government established
under
• the constitution/Parliament/ state legislature
• by notification by the appropriate govt.
• Body owned, controlled or substantially
financed directly or indirectly by the
appropriate govt.
8/31/2015 7

Information ?
• Any material in any form
• Records, documents, memos, e-mail,
opinions, advices, press releases, circulars,
orders, log books, contracts, reports, papers
• Data held in any electronic form
• Information relating to any private body which
can be accessed by a public authority
8/31/2015 8

What information ?
• Inspection of works, documents & records
• Taking notes, extracts or certified copies of
documents or records
• Taking certified samples of materials
• Obtaining information in the form of CD, video
cassettes or any other electronic mode or
through printouts
8/31/2015 9

Obligations of public authorities
• Maintain all its records which facilitates the
right to information
• Records to be computerised wherever
possible
• Made available on web / network
8/31/2015 10

Mandatory disclosure
of information by authority
1. The particulars of its organisation, functions
and duties
2. The powers and duties of its officers and
employees
3. The procedure followed in the decision
making process, including channels of
supervision and accountability
4. The norms set by it for the discharge of its
functions
8/31/2015 11

5. The rules, regulations, instructions, manuals
and records to be followed by employees
6. A statement of the categories of documents
7. The particulars of any arrangement that
exists for consultation with, or representation
by, the members of the public in relation to
the formulation of its policy or
implementation thereof
8/31/2015
12

8. A statement of the boards, councils,
committees and minutes of the meetings
9. A directory of its officers and employees
10.The monthly remuneration received by each
of its officers and employees
11. The budget allocated to each of its agency
12. The manner of execution of subsidy
programmes
8/31/2015 13

13.Particulars of recipients of concessions, permits
14.Details in respect of the information, available to
or held by it in electronic form
15.The particulars of facilities available to citizens
for obtaining information, including the working
hours of a library or reading room, if maintained
for public use
16.The names, designations and other particulars
of the public information officers
8/31/2015
14

Regular update of information
• Very PIO/ organisation need to update
information every year
8/31/2015 15

How to get information
• In writing or through electronic means
• English or Hindi or in the official language
• Payment of Rs 10 – application fee
• file an RTI application online with 431 public
authorities through a new government portal
• https://rtionline.gov.in/request/request.php
8/31/2015 16

No need to tell purpose for use of
information
• Not required to give any reason for
requesting the information
8/31/2015 17Presentation on RTI Act sanjaydessai@gmail.com

Time limit for Disposal of request
• Within thirty days of the receipt of the
request.
8/31/2015 18

Urgency of information
• Where the information sought for concerns
the life or liberty of a person, the same shall
be provided within forty-eight hours of the
receipt of the request.
8/31/2015 19

Exemption from fees
• No such fee shall be charged from the persons
who are of below poverty line.
8/31/2015 20

Late information
• information free of charge where a public
authority fails to comply with the time limits
specified
8/31/2015 21

Exemption from disclosure of
information.
• Information, disclosure of which would
prejudicially affect the sovereignty and
integrity of India, the security, strategic,
scientific or economic interests of the State,
relation with foreign State or lead to
incitement of an offence;
8/31/2015 22

Exemption from information
• information which has been expressly
forbidden to be published by any court of law
or tribunal or the disclosure of which may
constitute contempt of court
• Information, the disclosure of which would
cause a breach of privilege of Parliament or
the State Legislature;
8/31/2015 23

Exemption from information
• information including commercial confidence,
trade secrets or intellectual property, the
disclosure of which would harm the
competitive position of a third party
8/31/2015 24

Monitoring and reporting
• Every PIO has to sent annual report to SIC on
the implementation of the provisions of this
Act during that year and forward a copy
thereof to the appropriate Government.
• Report on
• No of applications received
• Disposed
• Not disposed etc
8/31/2015 25

Fees
• Application fee Rs 10
• A fee of Rs. 10.00 payable by Cash/Bankers
Cheque/Demand Draft/ court fee in favour
of the concerned Public Information Officer
• Documents Cost Rs 2 per page
8/31/2015 26

Appeal
• Who can appeal?
If information not received within the time specified
Aggrieved by the decision of the PIO
• First appeal with appellate authority in Public Authority
Apply within 30 days of PIOs order
Decision on appeals within 30-45 days
• Second appeal to SIC
within ninety days of order of appellate authority or from the date on
which order was due
8/31/2015 27

Penalty and compensation
Penalty of Rs 250/- per day on PIOs found guilty for:
i. Not accepting an application
ii. Delay in information without reasonable cause
iii. Denying information
iv. Incomplete, incorrect, misleading information
v. Destroying information that has been requested and
vi. Obstructing furnishing of information in any manner.
SIC can recommend disciplinary action against errant PIO and
Compensation to applicant
8/31/2015 28

Sanjay Dessai
709 Taki Tilamol Quepem Goa
To. Secretary
Village panchyat Xeldem
Subject – Information under RTI act 2005
Sir,
Kindly provide following information under RTI Act 2005 with regard to expenditure incurred by
Panchyat for financial year 2014-15
1. Ward wise money spent on drainages, with names of contractor who has executed the work
2. ward wise money spent on roads, with names of contractor who has executed the work
3. Provide certified copies of work orders and inspection reports of engineers of all above
work
Required fee will be paid for issue of certified copies
Sanjay Dessai
(signature )
Place Xeldem
Date 20th August 2015
8/31/2015 29

Thank You
8/31/2015
30

Presentation on Right To information Act 2005

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Presentation on Right To information Act 2005